Personal injury lawsuits are launched to seek restitution for injuries sustained in accidents. These are also known as Tort claims. Tort claims are the most common type of personal injury litigation filed in Ontario. Read on to discover what you have to learn about Tort claims.
Understanding the Different Parts of Tort Claims
Tort claims are individualized and specified in four separate elements, such as:
1. Duty of Care
The tortfeasor owed it to the victim to look after him or her.
2. Breach of Duty of Care
They did not carry out the responsibilities that were placed upon them.
3. Causation
The victim was involved in a traumatic accident as a direct result of the tortfeasor’s actions (or omissions), which caused the accident.
4. Injury
The accident victim was hurt.
Negligence claims are examined using a range of criteria. Evaluation of the reasonable person’s standard of care, consideration of whether or not the injury or loss of property was foreseeable, and examination of whether or not there were mitigating factors.
An accident caused by carelessness or negligence is referred to as a negligent tort. A traffic collision caused by a driver who was distracted by something else is an example of negligence.
Learning about Tort Claims by Type
Tort claims are made for both intentional and negligent wrongdoing. As such, Tort claims come in two types: Intentional Tort and Unintentional Tort. Read about them below.
- Intentional Tort
Purposeful tort behavior is defined as an intentional injury produced by a tortfeasor. Intentional wrongdoings are viewed as more serious violations, and individuals involved may face criminal charges.
Trespassing on private property, creating emotional distress on purpose, and assaulting another person are all examples of intentional misconduct (including sexual assault).
- Unintentional Tort
Negligence, which is defined as failing to fulfill one’s duty of care to a victim, causes unintentional torts.
A person failing to remove ice from a parking lot, resulting in a slip-and-fall accident; a car parking along a blind curve, resulting in a collision with another vehicle; and a pet owner wrongly handling their dog, resulting in an attack on a bystander are all examples of tort claims.
Tort Law and Criminal Acts
Tort law is governed by civil law rather than criminal law. Instead of seeking incarceration for the offender, the victim of a tort files a civil case against that person. If the defendant’s negligence claim is upheld, the defendant may be obliged to compensate the victim.
When criminal charges are brought, it is the responsibility of the Trial Crown Attorney, commonly known as “the Crown” or “prosecutor.” If the criminal is found guilty, they may face jail time as well as financial fines paid to the Treasury or a victims’ fund.
Involved Damages in a Tort Claim
Tort cases involving personal injury seek monetary restitution for the victim. As a result of the catastrophe, the victim sustained terrible injuries, and the case seeks compensation for those injuries.
Tort claims, as opposed to insurance claims, allow victims to seek compensation for both actual losses and pain and suffering.
A negligence award can be calculated in one of two ways:
- Before deciding on the outcome of the case, both parties agree on compensation for a tort claim and other parts of the settlement.
- At trial, either the judge or a jury decides on the case’s merits.
Conclusion
Indeed, accidents can inflict physical, mental, and emotional stress on any victims. Thankfully with the right processing of a Tort claim, victims can be adequately compensated by their insurance companies. In the worst case scenario that involves death, a member of their family might file a claim on their behalf. As soon as possible, consult with a lawyer who specializes in trauma cases to learn about your options.
Do you want to learn more about litigation in Birmingham, Al? McCallum, Hoaglund & McCallum, LLP is a team of attorneys that will put you first in any case. Give us a call today to learn more about our team and services!